Welcome to CountyLineCalf.com. Any person who wishes to SUBMIT A BID TO the Site to buy or bid for a calf on the Site must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE SUBMITTING A BID. YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES.
CountyLineCalf.com, reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing this notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE FOLLOWING POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE THIS SITE.
1. Eligibility. Use of the Site is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not SUBMIT A BID TO the Site. Every person who uses the site hereby represents to CountyLineCalf that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.
2. Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines for conducting and participating in transactions on the Site.
3. County Line Calf is not an Auctioneer. It is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow certain persons sell certain livestock, in an auction-style format commonly referred to as "online auctions" or "auctions."
4. Payment. Payments will be made directly to the sellers by cash or check. You warrant that either payment method selected by you will enable you to make full and immediate payment for the calf chosen, if your bid becomes the winning bid. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds, CountyLineCalf may in it sole and absolute discretion cancel your bid. In such case, CountyLineCalf may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid requirements) as the winning bidder. A fee of $100.00 will be immediately assessed and payable for any insufficient funds.
5. County Line Calf Reservation of Rights. CountyLineCalf retains the right, but does not have the obligation, to immediately halt any sale, prevent or restrict access to the Site or take any other action in case of technical problems, objectionable material, inaccurate, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of CountyLineCalf, and to correct any inaccurate listing, or technical problems on the Site.
6. Access and Interference. Much of the information on the Site is updated on a regular basis and is proprietary or is licensed to CountyLineCalf. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
7. Illegal Activity
o Compliance with Laws; Fraud. The Site may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing items. You may not SUBMIT BIDS under a false name or use an invalid or unauthorized CHECKING ACCOUNT. You may not make bids under a false name, impersonate any participant. Such fraudulent conduct is a violation of federal and state laws.
8. Breach. Without limiting other remedies CountyLineCalf will impose an immediate penalty in the amount of $500.00 for failure to complete a transaction for a successful bid.
9. No Warranties. THE SITE IS PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. COUNTYLINECALF MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
o THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
o THE INFORMATION, CONTENT, INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
o ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF COUNTYLINECALF.
10. General Release. BECAUSE COUNTYLINECALF IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS , IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE COUNTYLINECALF (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11. Limitation of Liability. COUNTYLINECALF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
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